Madras High Court
B.Nathiya vs The State Of Tamil Nadu on 8 February, 2021
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.(MD)No.15496 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:08.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.(MD)No.15496 of 2016
and
W.M.P(MD)No.11386 of 2016
B.Nathiya ... Petitioner
Vs.
1.The State of Tamil Nadu,
Rep by the Secretary,
Department of Home,
Fort St. George,
Chennai-9.
2.The District Collector,
Collectorate,
Sivagangai District.
3.The District Adi Dravidar and
Tribal Welfare Officer,
O/o.the District Adi Dravidar and
Tribal Welfare Officer,
Sivagangai District. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, to call for the records
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http://www.judis.nic.in
W.P.(MD)No.15496 of 2016
pertaining to the impugned order in Na.Ka.W 5/10856/2014 dated
19.12.2015 on the file of the respondent No.3 and quash the same as
illegal and consequently, direct the respondents to consider the petitioner
for appointment on compassionate ground to any available post as
enunciate in Clause 21(i) of Annexure I Read with Rule 12(4) of
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules,
1995 within the time stipulated by this Court.
For Petitioner : Mr.T.Lajapathiroy
For Respondents : Mr.M.Muthugeethayan
Special Government Pleader
ORDER
This writ petition is filed by the petitioner, to call for the records pertaining to the impugned order in Na.Ka.W 5/10856/2014 dated 19.12.2015 on the file of the respondent No.3 and quash the same as illegal and consequently, direct the respondents to consider the petitioner for appointment on compassionate ground to any available post as enunciate in Clause 21(i) of Annexure I Read with Rule 12(4) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995.
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2.The case of the petitioner is that he belongs to Scheduled Caste Pallar Community and completed B.Sc degree in the year 2009 and also completed B.Sc Nursing. In such circumstances, the petitioner's brother viz., Malairaj @ Sheit, died on 02.10.2014, while in the police custody. The Law Enforcing Officer has registered a case in Crime No.251 of 2014 for the offence under Section 176 of Cr.P.C and then altered into Sections 306 IPC r/w 3(2)(V) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the Police Officials, who brutally murdered the petitioner's brother. The petitioner's brother is the only bread winner of her family and thereafter, the petitioner's family has faced huge financial crisis. Therefore, the petitioner has made a representation to provide appointment on compassionate ground under Clause 21(i) of Annexure I r/w Rule 12(4) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, as a dependant of the deceased. The said representation was rejected by the third respondent on 19.12.2015 on the ground that the petitioner is an unmarried sister and she did not come under the category of dependant of her deceased brother and therefore, compassionate appointment cannot 3/11 http://www.judis.nic.in W.P.(MD)No.15496 of 2016 be provided. Challenging the said rejection order, the petitioner has filed the present writ petition.
3.The learned counsel appearing for the petitioner submitted that though the immediate relief amount of Rs.5,00,000/- was awarded to the petitioner's family and the third respondent has also recommended to the Government to give a monthly pension of Rs.4,500/- to the parents of the petitioner. In addition to the above said relief, the respondent has to provide compassionate appointment to the petitioner enabling her to tide over the financial crisis in the absence of her only brother, who is the sole bread winner of the family. However, the third respondent has rejected the petitioner's claim and thereby, the present writ petition is filed for the aforesaid relief.
4.Per contra, the learned Special Government Pleader appearing for the respondents submitted that admittedly, the Government had paid the immediate relief amount of Rs.5,00,000/- to the petitioner's family. In addition to that, the third respondent has recommended to the 4/11 http://www.judis.nic.in W.P.(MD)No.15496 of 2016 Government to give monthly pension of Rs.4,500/- to the parents of the petitioner. Once the Government decided to pay the pension amount to the petitioner's parent, she is not entitled for compassionate appointment. Hence, he prays for the dismissal of this Writ Petition.
5.Considering the facts and circumstances of the case, the facts in the case are not in dispute. The Law Enforcing Officer, has registered a case under Section 176 of Cr.P.C and then altered into Sections 306 IPC r/w 3(2)(V) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the Official respondent alleged murdered the petitioner's brother. It is also not disputed that the immediate relief amount of Rs.5,00,000/- was awarded to the petitioner's family. Now, the only issue arises for consideration in this writ petition is whether the petitioner is entitled for compassionate appointment or not. The relevant provisions of Scheduled Caste and the Scheduled Tribes(Prevention of Atrocities) Rules, 1995, is extracted hereunder: 5/11
http://www.judis.nic.in W.P.(MD)No.15496 of 2016 Sl. Name of the offences Minimum amount of relief No. 21 Victim of murder, In addition to relief amounts paid under death, massacre, rape above items, relief may be arranged mass rape and gang within three months of date of atrocity as rape, permanent follows:-
incapacitation and (i)Pension to each widow and/or other dacoity. dependents of deceased SC and ST @ Rs.
3,000/- per month, or Employment to one member of the family of the deceased, or provision of agricultural land, an house, if necessary by outright purchase.
(ii)Full cost of the education and maintenance of the children of the victims. Children may be admitted to Ashram Schools/residential schools.
(iii)Provision of utensils, rice, wheat, dals, pulses, etc., for a period of three month.
22 Complete Brick/stone masonry house to be destruction/burnt constructed or provided at Government houses cost where it has been burnt or destroyed.
6.On perusal of the aforesaid Rule, it is clear that in addition to the relief amount paid under the above items, relief may be arranged within three months of date of atrocity as pension to each widow and/or other dependents of deceased SC and ST at Rs.3,000/- per month, or employment to one member of the family of the deceased, or provision of 6/11 http://www.judis.nic.in W.P.(MD)No.15496 of 2016 agricultural land, an house, if necessary by outright purchase and further, on a perusal of the impugned order, wherein, the third respondent has stated as follows:
“,J bjhlh;ghf bjhlh;g[ila Mtzq;fis ghprPyid bra;jjpy; gl;oaypy; fz;l rhjpapdh; kw;Wk; gl;oaypy; fz;l gHq;Foapdh; (td;bfhLikj; jLg;g[) tpjpfs; 1995 gphpt[ 2
(b) go “rhh;e;jpUg;gth;” vd;gJ ,we;jthpd; FLk;gj;ij rhh;e;j “kidtp jpUkzkhfp ,Ue;jhYk; my;yJ jpUkzkhfptpl;lhYk; FHe;ij rhh;e;jpUf;Fk; bgw;nwhh;
tpjitahd rnfhjhp td;bfhLikf;
Fw;wj;jpw;F ,yf;fhfp ,we;J nghd kfdpd; tpjit kw;Wk;
FHe;ijiaa[k; cs;slf;fk;” vd;fpw tpsf;fk; mspf;fg;gl;Ls;sJ. ,we;Jnghd FLk;gj;jpy; cs;s bgw;nwhh; jpUkzkhfhj rnfhjhp kw;Wk; btspehl;oy; cs;s rnfhjuh;
Mfpnahhpy; ntiynfhUk; egh; jpUkzkhfhj rnfhjhpahf ,Ug;gjhy; rl;ltpjpg;go “rhh;e;jpUg;gth;” vd;w tpjp tuk;gpw;Fs; tutpy;iy vd;gjhy; ,we;jtiu rhh;e;jpUf;Fk; bgw;nwhUf;F gphpt[ 21-,y; bfhLf;fg;gl;Ls;s epthuzkhd xa;t{jpak; my;yJ ,we;Jnghdthpd; FLk;g cWg;gpdh; xUtUf;F ntiy my;yJ njitg;gLkhapd; tpiyf;F thq;fpjuglyhFk; ntshz;ik epyKk; tPLk; ,tw;wpy; VjhtJ xd;W vd;w mog;gilapy; jpUkzkhfhj rnfhjhpapd; muR ntiy nfhhpa nfhhpf;ifia epuhfhpj;J ,we;jtUila bgw;nwhh; tajhdth;fs; vd;gjhy; ,we;jtUila jhahUf;F ntiytha;g;a[ tHq;f ,ayhJ. Vdnt ,we;jthpd; tajhd bgw;nwhUf;F Xa;t{jpakhf khjk; U.4500/- tHq;fpl 7/11 http://www.judis.nic.in W.P.(MD)No.15496 of 2016 ghpe;Jiu bra;J muRf;F Kd;bkhHpt[fs; mDg;gg;gl;Ls;sJ vd;gJ bjhptpj;Jf;bfhs;sg;gLfpwJ.”
7.Since the petitioner's family has availed the relief amount of Rs.5,00,000/- and also monthly pension of Rs.4,500/- to the parents of the petitioner, further she also married and she may dependant of the deceased, the claim for compassionate appointment cannot be granted and the same was rejected. Therefore, this Court cannot interfere with the impugned order of the third respondent. Hence, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
08.02.2021 Index:Yes/No Internet:Yes/No Ns 8/11 http://www.judis.nic.in W.P.(MD)No.15496 of 2016 To
1.The Secretary, Department of Home, Fort St. George, Chennai-9.
2.The District Collector, Collectorate, Sivagangai District.
3.The District Adi Dravidar and Tribal Welfare Officer, O/o.the District Adi Dravidar and Tribal Welfare Officer, Sivagangai District.
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Ns W.P.(MD)No.15496 of 2016 and W.M.P(MD)No.11386 of 2016 08.02.2021 10/11 http://www.judis.nic.in W.P.(MD)No.15496 of 2016 11/11 http://www.judis.nic.in